6.1.2 Make a claim Eligibility for entitlements | Who can apply for entitlements | Damages for a work-related death

Using the Claim for Compensation Following a Work-related Death form, a claim for dependency entitlements must be given to, served or lodged on the deceased worker’s employer:

  • within two years of the death of the worker or
  • if claiming for expenses for medical and like services provided to the worker, burial or cremation or family counselling, within six months of the date of the relevant service.

An application to the Magistrates’ Court can be made for the reimbursement of expenses by non-dependent family members Family member means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner of a deceased worker. Applications to the Magistrates’ Court must be made within two years of the death of the worker.

For information on other claims that dependents can make - see: Damages for a work-related death.

By Action

When lodging a dependency claim, the dependant should, if possible, provide:

  • details of other person whom they believe may have an entitlement to compensation in respect of the deceased worker
  • relevant documentation supporting their claim of financial dependency on the deceased worker’s earnings.

For information of relevant supporting documentation - see: Guidelines for Claims for Compensation following the Death of a Worker

Where appropriate, the Agent should consider advising dependants to seek legal advice, especially if they are unrepresented or if the claim includes persons under a disability, minors or unborn children. It is in the best interests of the dependant to retain the services of a lawyer in these circumstances as claims for lump sum payments that include unrepresented dependents, persons under a disability, minors or unborn children must be determined by the Magistrates’ Court or County Court.

The Agent should inform the family they should discuss legal costs with their lawyer before engaging their services.

See: Responsibilities of the panel firm

Dependant or other person making claim A Claim for Compensation Following a Work-related Death form must be given to or served on the deceased worker’s employer. If the employer’s details are unknown, the claim form can be lodged on the employer’s WorkSafe Agent (if known) or directly with WorkSafe.
Employer The employer must forward claims for the death of a worker to WorkSafe or the Agent within 10 calendar days of receipt. Agents should encourage employers to forward the claim earlier if possible.
WorkSafe If a claim is forwarded to or lodged directly with WorkSafe, WorkSafe must forward it to the relevant Agent as soon as possible.
Agent In cases where it has been established the employer will not be supportive during the claim process, the Agent must advise the family representative to lodge the claim directly with the Agent as soon as possible.
Claimant, dependant or their representative

Where a claim is lodged more than two years after the date of the death, WorkSafe will require a written explanation for the delay by way of affidavit or statutory declaration.

If the Agent is satisfied that a special excuse existed for not making the claim within the time limit, WorkSafe may extend or waive the time limit to enable the claim to be made.

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